Terms & Conditions
WELCOME TO THE BELLABITO WEBSITE: BELLABITO.COM. BY USING OUR SITE (“BELLABITO.COM”), YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING:
ACCEPTANCE OF AGREEMENT.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to Bellabito.com. Please review the following terms carefully. If you do not agree to these terms, you should not use Bellabito.com. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on Bellabito.com, and you should review this Agreement prior to using Bellabito.com.
You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of Bellabito.com. You agree not to use Bellabito.com or its content for any commercial purposes. You agree not to crawl, spider, scrape, or otherwise deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with Bellabito.com, unless you a) uniquely identify your technology by means of the user-agent field in every request header, b) provide a clear point of contact for the operation of those systems and c) follow standard robots.txt and other standard crawler-management policies. You agree that we can, at our sole discretion, prohibit such automated activities.
TERMS OF USE
You agree that your use of Bellabito.com is for lawful purposes only. You agree that you will not use Bellabito.com for any unlawful purpose, including committing a criminal offence, gaining unauthorized access to other computer systems, or transmitting unlawful material.
GENERAL DISCLAIMER
You agree to access and use Bellabito.com entirely at your own risk. Please read the following Exclusion of Liability clauses below.
EXCLUSION OF LIABILITY
THE NEGATION OF DAMAGES SET FORTH BELOW IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
YOU EXPRESSLY AGREE THAT THE USE OF BELABITO.COM IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH BELLABITO.COM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE OR NONINFRINGEMENT). THE INFORMATION AND SERVICES AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF BELLABITO.COM OR ANY OTHER LINKED WEBSITE AND ANY INFORMATION, PRODUCT, OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
BELLABITO.COM AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE, PRODUCT, OR INFORMATION, WHETHER PHYSICAL, ORAL, OR WRITTEN, OBTAINED BY YOU FROM US THROUGH BELLABITO.COM SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, MALWARE, OR PROGRAMS CONTAINED WITHIN BELLABITO.COM’S ELECTRONIC FILE CONTAINING THE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE BELLABITO.COM. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION FROM BELLABITO.COM.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF BELLABITO.COM BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF BELLABITO.COM, ANY WEBSITES LINKED TO BELLABITO.COM, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
CHOICE OF LAW
Bellabito.com is owned and operated within the United States of America in the State of Oklahoma. Therefore, these terms and conditions are governed by the laws of the United States of America and the laws of the State Oklahoma, and the user consents to the jurisdiction of the District Court of Tulsa County State of Oklahoma in the event of any dispute.
The law of the United States and the State of Oklahoma is the governing law and the Convention for the International Sales of Goods (CISG) shall not apply.
COPYRIGHT AND USE OF MATERIAL
Bellabito.com and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. Bellabito retains copyright in Bellabito.com and all current and future content displayed on the website which is not owned by third parties. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Bellabito.com are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The commercial copying, distribution, redistribution, use or publication by you of any such matters or any part of Bellabito.com is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Bellabito.com. The posting of information or materials on Bellabito.com does not constitute a waiver of any right in such information and materials. This website and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Bellabito.
Bellabito retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Bellabito and are protected by U.S. and international laws and treaties. Your misuse of the marks displayed on Bellabito.com is strictly prohibited. Bellabito has a no-tolerance policy regarding the use of our trademarks and trade dress in metatags and/or hidden text. Specifically, the use of our trademarks and trade dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our trademarks and trade dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on Bellabito.com is prohibited without our express written permission. Framing, inline linking or other association of Bellabito.com or its materials with links, advertisements and/or other information not originating from Bellabito.com is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Bellabito by providing the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
• Identification of the location where the original or an authorized copy of the copyrighted work exists;
• Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Bellabito to locate the same;
• Information reasonably sufficient to permit Bellabito to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows: contact@bellabito.com.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
LIMITED LICENSE
In terms of a limited license, granted for general use, Bellabito grants the non commercial user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content Bellabito.com for your personal, non-commercial and informational purposes only.
In addition Bellabito grants you permission to copy and distribute information from Bellabito.com for non-commercial purposes, provided that:
1. this information has not been sourced from third parties;
and,
2. http://Bellabito.com is acknowledged as the source
by reference to the website address.
This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit Bellabito.com or any of its Materials without our express prior written permission; and (b) you may not access or use Bellabito.com for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. In the event of a violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity. All rights not expressly granted are reserved by Bellabito.
YOUR COMMENTS, COMMUNICATIONS, AND SUBMISSIONS
Bellabito.com may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”). We value feedback received from visitors to Bellabito.com. However, you agree not to transmit any material that is unlawful, harmful, defamatory, abusive, threatening, pornographic, vulgar or obscene. You remain liable to any third party for your comments, and Bellabito is not liable to any third party for the content of your comments. WE WILL FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER OR SUBPOENA REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OF ANYONE POSTING SUCH MATERIALS. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Bellabito does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on Bellabito.com.
By submitting User Submissions, you hereby grant to Bellabito an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Bellabito shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Bellabito does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. Bellabito reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these terms and conditions, including without limitation, the Prohibited Uses of Bellabito.com and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
In connection with User Submissions, you affirm, represent, and warrant to Bellabito that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Bellabito as set forth in the license granted above; (iii) use of your User Submission(s) on Bellabito.com or otherwise by Bellabito, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Bellabito to utilize the User Submission(s) without compensation or objection. For clarity, Bellabito obtains the license above, but does not claim ownership of your User Submissions.
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Bellabito, restricts, impairs, interferes or inhibits any other user from using or enjoying Bellabito.com and/or our related services and products.
You shall not circumvent, disable or otherwise interfere with security-related features of Bellabito.com, including, without limitation, any features that enforce limitations on the use of promo codes, Bellabito.com or site content. You shall not circumvent, disable or otherwise interfere with security-related features of Bellabito.com that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of Bellabito.com or impair, overburden, or disable the same.
Bellabito will cooperate with any necessary Law Enforcement Agencies to press charges for violation of these Terms and Condition.
YOUR ACCOUNT
Bellabito may allow you to choose to register with us through Bellabito.com and create an account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account.
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to Bellabito.com for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Bellabito shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to Bellabito.com.
PRODUCTS AND ORDERS
All features, content, specifications, products and prices of products and services described or depicted on Bellabito.com are subject to change at any time without notice. The prices displayed on Bellabito.com are quoted in U.S. dollars and are valid and effective only in the U.S. and are subject to change at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in Bellabito.com at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from Bellabito.com. By placing an order, you represent that the products ordered will be used only in a lawful manner.
The Gown Guardian is designed to assist in the protection and transportation of a wedding style dress. All instructions included with the item must be followed. The Gown Guardian will not guard against all damage such as but not limited to stains, tears, burns, or contamination by external or internal contaminants and/or chemicals. Care must be taken while using the Gown Guardian to avoid any risk of injury including but not limited to tripping, falling, or slipping. Misuse of the Gown Guardian may result in damage or injury to other garments, clothing, or person.
SHIPPING LIMITATIONS
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on Bellabito.com. All purchases from Bellabito.com are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from Bellabito.com pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
We attempt to ensure that information on Bellabito.com is complete, accurate and current. Despite our efforts, the information on Bellabito.com may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on Bellabito.com. For example, products included on Bellabito.com may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on Bellabito.com. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
GIFT CERTIFICATES.
Gift certificates can only be redeemed via purchases made on Bellabito.com, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
REVISIONS
Bellabito may terminate, change, suspend or discontinue any aspect of Bellabito.com, including the availability of any features of Bellabito.com, at any time and without notice. Bellabito also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Bellabito may terminate the authorization, rights and license given above at any time and without notice. Your continued use of Bellabito.com after any changes to these terms are posted will be considered acceptance of those changes.